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Paralegal > Paralegal Ethics > Flashcards

Paralegal Ethics Flashcards

1
Q

…………………. are rules of professionalism that protect both paralegals and clients

A

Ethics

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2
Q

In Texas, the legal ethics rules are called the …………………….

A

Texas Disciplinary Rules of Professional Conduct. (TDRPC)

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3
Q

UPL is the ……………………………..

A

Unauthorized Practice of Law.

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4
Q

In some cases, UPL is a ………………., as well as a ……………, offense.

A

criminal, civil

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5
Q

You need to affirmatively say that you are a ……………. so that the client doesn’t get the impression that you are a lawyer, even without you saying so.

A

paralegal

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6
Q

Give examples of UPL

A
  1. representing that you are an attorney. 2.Telling someone what to do because you know what the lawyer would say 3. Filling out forms without direct supervision of attorne 4.Signing a letter or giving a message to a client from the lawyer that has legal advice without saying that the lawyer asked you to provide the information. 5.Telling someone what the law states 6. Interpreting the law for someone’s situation 7.Recommending what people should do in legal situations, other than recommending they talk to a lawyer; 8.Filling out, or helping someone else fill out, legal forms without direct lawyer supervision
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7
Q

When you give legal advice or comment on what to do in particular situations or even giving common sense suggestions is a UPL?

A

yes

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8
Q

Why should you avoid giving legal advice?

A

What you say might directly affect a person’s decision, which in turn may affect that person’s legal rights

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9
Q

A client calls and you have been working with the client for several months on a case. He has a quick question and you know definitely what the lawyer would say. But the lawyer isn’t there and the client really needs an answer immediately.
What should you do?

A

Say you can not do it, to talk to a lawyer

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10
Q

Your aunt tells you that she had a wreck. She was just sitting at a light and another car rear-ended her. She ended up with some medical bills and time off work and all she wants to know is:
“Do I have a case?”

A

Don’t give legal advice, even if it is family

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11
Q

You told the attorney before he left and you reminded him earlier in the week, but now he is gone and you have to file an answer by 5:00. He has already reviewed it and it’s the same one he always uses anyway – just a general denial. You call him and he tells you to sign with permission.
Can you sign his name with permission?

A

No

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12
Q

A person calls to say she has a wrongful termination case because she works in a small office and she was just fired because of her age. Her boss told her she was too old to do the work. Because there are only 5 employees, she doesn’t have a case. You explain that to her.
Any problem?

A

yes

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13
Q

A caller says he is the guy in the news who was just arrested for murdering 12 people. You work for a criminal defense lawyer who does mostly high profile cases. He told you just that morning that he hoped this guy would call. The caller wants to know if the lawyer will take the case. You know for sure that he will so you say yes.
Problem?

A

As a paralegal we CAN’T accept cases.

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14
Q

Accepting/rejecting clients can only be done by…………………

A

the attorney

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15
Q

Can you quote a fee to a potential client?

A

no

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16
Q

What should be indicated in a fee shedule?

A

that each situation is unique and the final decision on what fees to charge will be made by the attorney.

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17
Q

A man stops by the office and says he was arrested for DWI. He wants to know how much the attorney charges for a DWI. The attorney isn’t there, but you know he always charges $750 if he pleads it out and $2500 if it goes to trial so you tell the guy that.
Problems?Are you allowed to do that?

A

no

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18
Q

What are the Ethical Obligations of a paralegal?

A

Confidentiality
Avoiding Conflicts of Interest
Working under the Supervision of an Attorney
Competence
Reporting Ethical Violations

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19
Q

Confidentiality is?

A

Any and all information a client provides, including the client’s name

20
Q

Give an example of conflict of interest

A

you to do work for a client if you have previously worked for an opposing party.

21
Q

If a firm hires a paralegal who has worked for opposing counsel or an opposing client, the entire firm will be notified that an ethical wall is to be erected around the paralegal so that no one may:

A

Discuss the case in the paralegal’s presence;
Allow the paralegal access to any documents, including keep files locked away from any cabinets s/he accesses; or
Engage in any discussions with the paralegal about her prior work on the case or work her previous firm may have done.

22
Q

Attorney must review any documents before they are filed. Mark them as……………………. until they are reviewed. Keep copies.

A

DRAFT

23
Q

Identify yourself as a ……………………… on all emails, letters, and phone calls to clients or other counsel.

A

paralegal

24
Q

Who should you copy on all emails to clients or other counsel.

A

your attorney

25
Q

A paralegal should be current on?

A
  1. Legal knowledge 2.Technology
26
Q

What should a paralegal report to the attorney’s supervisor?

A

Any unethical situation

27
Q

It is the paralegal’s responsibility to ………………………. the attorney regarding the ethical limitations of a paralegal’s duties.

A

educate

28
Q

Do paralegals have clients?

A

no

29
Q

Occasionally, you might be asked to serve on a board or committee mainly because of your legal training.
If so, you should ………………… the position.

A

decline

30
Q

What’s the difference between solicitation and advertising?

A

Advertisement is put up for everybody and solicitations is when you know someone has a problem and you go directly to that person

31
Q

May a paralegal sign a pleading by permission?

A

No.Not only is this unethical, but it also violates both a FRCP and a TRCP.

32
Q

May a paralegal sign a certificate of service?

A

No. The only person who may sign a certificate of service by permission is another licensed attorney.

33
Q

Can a paralegal sign on a block on a firm letter?

A

A paralegal who is supervised by an attorney may sign a letter on the firm’s letterhead with the proper signature block.

34
Q

What must a letter contain to be ok for a paralegal to sign it?

A

the paralegal’s name and title

35
Q

If someone just assumes that a paralegal is an attorney, what does the paralegal has to do?

A

the paralegal have to correct that assumption.Not to correct this assumption could expose the paralegal to charges of UPL, which is a crime.

36
Q

May a paralegal reveal confidential information?

A

No, never

37
Q

If a paralegal is traveling for one client And works on another client’s file while on the plane, may both clients be billed for that time?

A

No, that is double billing and is tantamount to stealing

38
Q

is it all right for the paralegal to bill for the time if someone else works on the file?

A

It is unethical to charge a client for work not performed by the person billing for the work.

39
Q

What documents may a paralegal sign?

A

Correspondence, including email correspondence, if no legal advice is given and the paralegal’s name, title, and either the firm name or the supervising attorney’s name are included.
Correspondence from an attorney by permission if no legal advice is given and the paralegal’s title is clearly indicated

40
Q

You cannot make substantive agreements that affect the case such as……………………….

A

settlement or plea agreements

41
Q

May I make an agreement with opposing counsel?

A

if it is about scheduling time and place, or extension for discovery and if your attorney asks you to do so, YES

42
Q

When might a paralegal accept a referral fee?

A

Never

43
Q

accepting a referral fee from an attorney may be considered a……………….

A

felony

44
Q

When may a paralegal solicit clients?

A

never

45
Q

Is an attorney signature stamp the same as signing with permission?

A

yes

46
Q

What is the paralegal’s duty to report UPL?

A

Paralegals should report violations up the chain where they work.
duty to report such behavior to the appropriate authorities.

Paralegal (25 decks)

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